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High Court of KeralaWP(C)/20016/2015disposed of

Abdul Azeez v. Kuruva Grama Panchayath

2015-07-03Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No.20016 of 2015 (B) --------------------------------------- PETITIONER:

------------------- ABDUL AZEEZ,AGED 37 YEARS,S/O.MOIDEEN HAJI, KANAKKAYIL HOUSE PANG CHENDI P.O, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.ABDUL JAWAD SRI.ABDUL MAJEED.N SMT.V.K.ANJU RESPONDENTS:

------------------------ 1.

KURUVA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VATTALUR P.O,MALAPPURAM DISTRICT-676507.

2.

THE SECRETARY,KURUVA GRAMA PANCHAYAT, VATTALUR P.O,MALAPPURAM DISTRICT-676507.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.20016 of 2015 (B) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ P1:- TRUE COPY OF THE BUILDING PERMIT DTD 14/10/2009. P2:- TRUE COPY OF THE ORDER NO A2-247/2009-10 DTD 23/1/2015 ISSUED BY THE RESPONDENTS.

P3:- TRUE COPY OF THE ORDER DTD 25/2/2015 IN IA 446/2015 IN APPEAL NO 188/15 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 20016 of 2015 -------------------------------------- Dated this the 3rd day of July, 2015.

JUDGMENT

The petitioner is seeking an early disposal of appeal No.188 of 2015, now pending before the learned Tribunal for Local Self Government Institutions.

2.

The petitioner was granted building permit for a commercial building, which was constructed and on satisfaction, the second respondent assigned number also. However, alleging that the petitioner transferred part of the building to a third party, before the renewal of permit, the second respondent cancelled the assigned numbers. The petitioner alleges that he filed appeal No.188 of 2015 before the Tribunal for Local Self Government Institutions, Thiruvananthapuram and secured a stay. However, the second respondent refused to transfer ownership of building in the register to the transferee, who sustains heavy loss due to the delay in the commencement of business. Hence the petitioner

W.P.(C) No. 20016 of 2015 -2moved the Tribunal for an early hearing, but the matter stood posted to 1.8.2015. It is with this background, the petitioner has come up before this Court.

3.

As the limited prayer in this writ petition is for an early disposal of the appeal, this Court is of the view that the writ petition can be disposed of even without issuing notice to the respondents.

In the result, the writ petition is disposed of directing the Tribunal for Local Self Government Institutions to consider and pass appropriate orders on appeal No.188 of 2015 now pending before the Tribunal within a period of one month from the date of receipt of a copy of this judgment, after affording the petitioner, the respondent panchayat and the other affected parties, an opportunity of being heard. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.